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13-1273 - Roman v. Walsh

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13-1273 - Roman v. Walsh
October 21, 2013
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strate Judge Andrew T. Baxter on 10/21/13. [Served by mail.] (sfp, )ORDER and REPORT AND RECOMMENDATIONS: granting Pltf's 2 MOTION for Leave to Proceed in forma pauperis. Recommending Pltf's complaint be dismissed. Objections to R&R due by 11/7/2013, Case Review Deadline 11/12/2013. Signed by US Magi
January 28, 2014
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MEMORANDUM-DECISION and ORDER - That Magistrate Andrew T. Baxter's October 21, 2013 5 Report-Recommendation and Order is ADOPTED in its entirety. That Roman's complaint (Dkt. No. 1) is DISMISSED WITH PREJUDICE with respect to any claims challenging his pending criminal prosecution. That the complaint be DISMISSED WITHOUT PREJUDICE with respect to any excessive force claims. That Roman may, in accordance with the requirements of, among other things, Fed. R. Civ. P. 8(a) and N.D.N.Y. L.R. 7.1(a)(4), file an amended complaint only with respect to his excessive force claim within thirty (30) days fo the date of this Memorandum-Decision and Order. That if Roman elects to file an amended complaint, defendants shall have fourteen (14) days to file the appropriate response. That if Roman does not file an amended complaint within thirty (30) days of this Memorandum-Decision and Order, the Clerk is directed to close this case. Signed by Chief Judge Gary L. Sharpe on 1/28/2014. (jel, )